Assembly on the Hon. John Stubbs' bill to decriminalise sex between gays. The bill was passed on a vote of 22-16.

Dr. Stubbs mentioned the views of three churches, but Community and Cultural Affairs Minister the Hon. Wayne Furbert wondered whether he had considered the views of black churches. "I think they have a different perspective,'' he said.

It was "an insult'' that the black churches were being attacked for their stand. They had played an important role in the Island's history.

Members who wanted support of the black churches at election time should think of them now.

He agreed there should be human rights in Bermuda, but was this a human rights issue? "The real issue underlying the great rights controversy is whether the law should give special protection to homosexual behaviour.'' If Bermuda's leaders forgot moral values and Christian principles, "then this country is on the road to destruction.

"The Biblical view could not be clearer. It is simply an abomination.'' The reason Bermuda was seeing so many problems was that "we have tried to separate the church and state''.

Some argued the state had no place in the Country's bedrooms, but what about incest or misuse of drugs. What about polygamy? "Where do we stop?'' he asked. "The moral fibre of this community is under attack.

"If we were to allow this to happen then I think that the majority of tourists would see Bermuda as a destination they would not want to come by.'' Transport Minister the Hon. Maxwell Burgess said he found it "interesting'' that Bermuda's planning laws dictated the sizes of homes and windows, but "having told you all of that, you can do what you like inside it''.

If homosexual sex was legalised, "don't come crying to me, Mr. Speaker, when it happens in the street. What folks do in the home, as sure as day turns into night, they do outside the home.'' When the church asked for assistance through laws the House could pass, he felt an obligation. "I'm proud to be black and to be AME,'' Mr. Burgess said.

"Call me a bigot if you will.'' He wanted to commend the churches "notwithstanding the names they have been called''.

The struggle of blacks against discrimination should not be compared to the struggle of the homosexual.

During a recent debate, Mr. Burgess heard the cries that something had to be done about AIDS. The House should not do anything that could contribute to its spread.

Tourism Minister the Hon. C.V. (Jim) Woolridge noted that Dr. Stubbs said the bill was "belatedly'' before the House. "I say regrettably.'' "In the last few months we have embarked upon a system of self-destruction,'' Mr. Woolridge said.

If the Country's moral fibre dissolved, "the result will be the disintegration of society as we know it.

"People have looked at Bermuda as the envy of the world,'' Mr. Woolridge said. "If we're not careful, they'll be looking at us in pity and wondering what happened.'' People did not need to see a film like Philadelphia to understand the issue.

"We need to see the Bible that we have in our home. That Bible teaches everything.'' Bermuda should only look to the United Kingdom for what was good about it, and not its legalisation of gay sex. There, "they have little fellows that they take off and have them as their little house boys''.

He was unhappy when certain churches came out in support of the amendment, especially while refusing to marry people who were divorced. Now, "would they be prepared to marry men?'' he asked. "That is the logical solution. You will keep going and going and going.'' Mr. Woolridge had not heard of anyone being brought to court for homosexual activity. "We all know it takes place,'' he said. "If it turns them on, that's alright with me. But don't ask me to come here and sanctify it.

"Bermuda up until now has been referred to as a paradise. Soon we'll be known as the fairyland.'' He was shocked by the sex that children could see on television.

If he helped to legalise gay sex, "what will I tell my three little granddaughters?'' he asked.

Bermuda was concerned about AIDS, but "we are now acquiescing to something that will make it possible for the proliferation of same.'' Rev. Trevor Woolridge (PLP) said both the Christian Coalition which opposed the bill and the Bermuda Human Rights Alliance which supported it had the right to their views. "But I believe there ought to be some consistency and not selectivity in terms of what is best for Bermuda and our people.'' Also, "we cannot be sin selective,'' Mr. Woolridge said.

He had a problem with leaders who espoused how they despised the behaviour of homosexuals but were saying "little or nothing about fornication, about adultery, about child abuse, about drug abuse, about all the rest and what goes with it.

"Our problem is this is an easy one for Christians,'' he said. "You can pick the Bible up and say this is an abomination.'' God was not sin selective, he said. "Wrong is wrong and right is right.'' But he took particular exception to the remarks of Mr. Woolridge from Smith's South. It was "irresponsible'' to "casually mention'' AIDS in connection with the debate, as if suggesting homosexuals were mainly responsible for the disease.

He disagreed with making 16 the age of consent.

"I'm 37 years old,'' he said. "I'm not quite sure if even at my age I'm quite capable of handling a very tough decision. Sixteen year olds clearly are not.'' Nothing had divided the Country like the gay sex bill and Independence, he said. "Between the two of them, it's a wonder any of us are talking to one another.'' He understood the passion people felt about the bill, but again he was concerned about consistency. Independence was at least as important, but he had heard nothing from the lobbying groups about that issue.

If the Tourism Minister was worried about what was on television, then as a Cabinet Minister, what was he doing about it? "When I walk up and down the street holding my son's hand, am I then going to be arrested for homosexual behaviour?'' But his second problem with the bill was that Government's human rights legislation did not protect people from discrimination on the basis of sexual orientation.

"If this amendment succeeds, are we then going to have them lobbying for further amendments to the human rights amendment to get sexual orientation in there?'' he asked. "Are we going to tie up our legislature with this legislation when there are far more important matters that we ought to be addressing right now?'' As a Christian and a preacher, he believed people had "the right to do wrong.'' The wages of sin were death and the gift of God was eternal life. "If I believe that homosexuality is wrong, then I also believe that God will take care of the punishment of those who may engage in it.'' Rev. Woolridge said the Anglican and Roman Catholic churches "ought to be leading those who oppose this'' because of their track records for homosexuality and child abuse among clergy. Other churches had problems, too.

In deciding to vote against the bill for the two reasons he cited, Rev.

Woolridge said he "was not influenced or persuaded by any church.

"I make this decision after consultation with the God that I serve and who ultimately I must answer.'' He informed Mount Zion AME, where he is pastor, of how he intended to vote on March 28.

But he had to voice his "disappointment'' with church leaders for their lack of consistency. He knew the churches were opposed to lotteries, but he heard nothing about bingo or horse racing.

Human Affairs Minister the Hon. Jerome Dill said he could satisfy the PLP's Mr. Woolridge about his two concerns.

"This issue (is) the biggest single issue facing this country today, bar none,'' Mr. Dill said. "It's bigger than Independence.'' "The number of people, Mr. Speaker, who have lobbied me as an individual on this issue eclipses completely the number of people who have lobbied me on every other issue.'' One only had to think back to the Human Rights Commission march on March 21 that was intended to be a demonstration against racism and the Sharpeville Massacre.

"Certain churches, certain black churches, were represented by not a single individual, notwithstanding that the issue was racism, barbarism against black people.'' Many people said they wanted to go but felt they could not because it was not just about racism. It was about Canon James Francis and his views on Dr.

Stubbs' bill.

"This is the kind of issue that we're going to be faced with for the life of this Parliament,'' Mr. Dill said.

Bermuda had "bound itself'' to the European Convention on Human Rights, which guaranteed the right to privacy to adult males, he said.

But he shared concerns about making the age of consent 16, and could only support it if the amendment proposed by Mr. Moniz was passed.

Mr. Bascome had focused on "the natural order of things,'' and said the bill was unnatural.

But during the Middle Ages, it was considered unnatural for heterosexuals to have sex in any but the missionary position. Concepts of what was natural changed over time.

At the end of the day, he hoped "we can leave here respecting the fact that we have diverse opinions, and in this democracy we have finally had the opportunity to air those opinions.'' Health and Social Services Minister the Hon. Quinton Edness said nothing was more important in any country "than the protection of human rights and individual rights.

"Without that, society would disintegrate,'' Mr. Edness said.

Countries had difficulties when human rights were not given priority. "There is killing, and life becomes very cheap.'' Bermuda's Constitution guaranteed the protection of privacy of one's home, and "this is probably one of the most important debates that we will ever have in this House, and we should treat it as such,'' Mr. Edness said.

The important issue was that there were people "that are treated differently in the privacy of their own home because they have a different sexual orientation, and that is wrong.'' Mr. Woolridge said he knew of nobody in Bermuda whose human rights had been infringed because they were homosexual. But it did happen, Mr. Edness said.

About 20 years ago, Police entered someone's house because they believed homosexual activity was going on inside. The person was arrested.

It had not happened for a long time, because Police no longer felt they should be investigating such activity. But with the law on the books, homosexuals felt and were treated differently.

"People because of this law have been subjected to blackmail,'' he said.

"When you have a society where people have to live in fear, then you have the first element that can destroy your society.'' If the amendment was passed, there would not be displays of homosexuality on the streets, he said. The morality of Bermudians would not change, and there were already laws on the books to deal with public displays of indecency.

Many immoral heterosexual acts went on behind closed doors, and "if we're going to be concerned about one, we must equally be concerned about the other.'' It was "a total cop-out'' for Rev. Woolridge to say he opposed the bill because sexual orientation was not protected in the human rights act. He should be fighting to change that, Mr. Edness said.

It was Mr. Woolridge who talked about the need for consistency, he noted. Mr.

Edness said he was disturbed by the way some politicians "were playing up to the churches,'' and he wondered if some of them were looking for votes. Was that how such a decision should be made? "I think the law as it stands on the books is incorrect, and it should be corrected.'' If he had his way, the bill would be a Government initiative.

Homosexuals in Bermuda were discriminated against every day. Their jobs were threatened, and "there are cases that have come to me where they have been refused a job because they admitted they are homosexual.

"That's why I believe sexual orientation must be included in the Human Rights Act.'' He agreed that Bermuda should not embrace everything the UK did, but felt that how far the criminal law should extend into private behaviour and morality had been well-considered there.

"I do hope ... that we will have the courage to change the law today.'' Mr. Rick Spurling (UBP) said the vote was "a no win'' for politicians.

"Whether you vote in favour, or you vote against, there is political fall-out,'' he said.

Mr. Spurling said he analysed the issue from neither a political nor a religious viewpoint.

"I do not believe that it is criminal,'' and "it is not relevant whether I approve of homosexuality, or disapprove of it.'' He agreed that in a sense it was unnatural, since it did not lead to procreation, but did that make it criminal? Like adultery, it could be a sin without being a criminal offence.

Government Whip Mr. John Barritt noted there was no Whip on how MPs voted, and said: "I am the most grateful for that.'' The strongest views against the amendment were grounded in the Bible and theology, Mr. Barritt said. However, "whatever else Bermuda is, it is not a theocracy.'' As an Anglican, he was pleased with the position his church took, because it recognised the separation between church and state and was consistent with his own view of "how a thinking but compassionate Christian should approach this''.

If Bermuda was a theocracy, "we would only need the Ten Commandments,'' he said.

Few had left their pews to demonstrate against adultery or fornication and call for criminal sanctions.

But Mr. Barritt could not agree to making the age of consent 16. "It absolutely must be 18,'' he said.

In sum, "I do not believe that we are entitled to use the force of law to ask others to live according to our beliefs,'' he said.

Mr. Barritt said he was not prepared to make homosexuals "the whipping boys and girls for what is wrong in society today''.

Police too had "better things to do than become peeping Toms'', which they had not done for years anyway.

Ms Renee Webb (PLP) said she was glad to finally be debating the issue.

She received threatening phone calls from people wanting her to vote a certain way.

The central issue, she believed, was "whether or not two consenting males who in the privacy of their own homes perform a sexual act together should be criminals.'' And it was not the House's place to decide that issue, she said.

Ms Webb said the law regarding homosexuality discriminated against people for being gay and because of their sex. There was no such law outlawing sexual relations between two women, she noted.

She said the Tourism Minister's argument that making gay sex legal here would put off potential visitors "reminded her of when people used to say if blacks worked in certain places the tourists wouldn't come''.

On the "myth'' that changing the law would lead to public displays of affection by homosexuals, she said lesbians' sexual relations were not outlawed and "you don't see them holding hands and kissing in the street''.

"Stop victimising the homosexual especially when it comes to issues of morality in our country,'' she said.

Shadow Tourism Minister Mr. David Allen said he did not see the issue as being on his front burner. The US bases closure and Independence were far more critical issues, he believed.

However, he said: "I really feel that the state has no place in the country's bedroom, certainly not to the extent it imposes a ten year prison term.

He wanted to know, "where's the human outcry about adultery ... If there was a law outlawing adultery I would venture to say one third of this country would be behind bars.'' Mr. Allen said he did have a "deep concern'' about the proposed age of consent being set at 16. He did not think 16-year-old boys were as mature as 16-year-old girls.

Passage of the bill would bring Bermuda "into the mainstream of forward thinking, democratic countries'', he said.

Mr. Alex Scott (PLP) started off by "saluting'' the Christian Coalition, which he said "really made the debate''. He did not see the Coalition or the materials it sent MPs as "threatening''.

And if the bill passed, the churches would still be triumphant for making their case.

Mr. Scott attempted to dispel beliefs by non-supporters that gays would display affection in public. There were laws in existence to protect the public from any indecent behaviour, he noted.

Mr. Scott said he agreed with bill supporters that homosexuals did not enjoy the right to privacy.

How he voted depended on the presentation and wording of the amendment Mr.

Moniz had proposed which sought to increase the age of consent to 18.

Shadow Youth Minister Dr. Ewart Brown said there was an increasing amount of evidence that homosexuality was biologically based.

And it did not "remain outside the church''. "It is everywhere,'' he said.

Dr. Brown said he hoped the Coalition churches planned to devote as much energy as they had to the Stubbs Bill to other issues facing Bermuda.

"Please don't limit your energetic responses and creative attentions to a sex issue. There's already too much sex and not enough love,'' he said.

He chastised churches for not tolerating the homosexual way of life and those who have linked the spread of AIDS to gays.

"A society which cannot tolerate differences among its citizens is destined to become more and more oppressive and Bermuda is oppressive enough -- let us work hard for human rights.'' Mrs. Grace Bell (UBP) said she had taken a "humane stance'' on the issue. She had heard from and read all the materials of those opposed to the bill and was "not swayed one bit''.

The community must "stop hating and ostracising those who are different'', she said.

She added her late sister had been gay and she was "born that way''. Her life had not been as happy as it might have been, because she had not been accepted by many.

Mr. Eugene Cox (PLP) found it "most ludicrous'' MPs were talking about human rights in the gay issue when Bermudians were discriminated against job-wise all the time.

"This bit about it being a human rights violation is a contradiction,'' he said. "Homosexual genital acts are morally wrong.'' Mr. Tim Smith (UBP) said Dr. Stubbs had "displayed a great deal of courage'' in bringing forth his bill. However, he did not support repealing the laws.

It might not ever be necessary to enforce the law, but it should be kept as "a beacon'' of the moral standards of the community, Mr. Smith said.

Most people with AIDs were either homosexuals or intravenous drug users, he said. Drugs were outlawed. "Is it reasonable to retain a law that might help to limit the spread of this disease? "Let's consider changing the law if we find a cure for AIDS.'' Opposition Leader Mr. Frederick Wade said the vote was a matter of conscience and he hoped everyone would allow him the benefit of his conscience.

"That's what's been disturbing me,'' Mr. Wade said. "Those who are for retention have been trying to deny me my conscience.'' If one accepted that homosexuality was immoral, then the state was punishing immorality, Mr. Wade said. Who was to say ten years in prison was the proper sentence? "Then there's the question of other moral acts. Should Bermuda become a theocracy, where we legislate the Bible?'' Mr. Wade did not accept that a prison term or flogging was the way to punish immorality. "I don't believe the state has a place in this thing,'' he said.

"It's something you have to leave probably to the church. We don't have the tools.'' Mr. Wade said he was shocked by the Christian Coalition's attack on the Allan Vincent Smith Foundation. "I don't care where a person got AIDS,'' he said.

"If they need a glass of water or a bed or medication, anyone who would deny that cannot speak to me about Christian values.'' The stated reason was that the foundation was linked to a group promoting homosexual pornography in the UK, but Mr. Wade did not find that was the case.

It was "interesting'' that the Coalition feared the gays would become militant if the law was repealed. "But in this campaign, the militancy is coming from the church, not from the homosexuals. They have been very reserved in their campaign.'' He would vote to change the law, and noted there were other laws on the books that would protect Bermudians from any offensive behaviour in public.

It was not right to put a person in prison for ten years for a sex act.

"People in Bermuda, they bandy around prison sentences very lightly,'' he said. "I spent one week in prison, in Casemates.'' He knew what it was like to lose liberty. "We should not handle the freedom of people lightly.'' Dr. David Dyer (UBP) said the existing law was enacted in 1907 during a time when "very few people had rights''.

Blacks and women had no rights, he said. Today, Bermuda was "still adhering to something that was passed in a bygone era that bears no relationship to the realities of 1994.

"What bothers me is that the Government didn't bring this,'' he said. "The Government was a signatory to the Declaration of Human Rights.'' In not bringing the amendment itself, "there was a serious lack of judgment and even cowardice''.

Did Bermuda have no memory of what had happened before? The Bible had been used in the past to justify persecution. "Are we blaming the gay community for all the ills that befall Bermuda?'' Dr. Dyer asked.

The law was discriminatory and destructive. It had destroyed families, because people were afraid to disclose their sexual orientations to parents and siblings.

Heterosexual couples could also engage in acts against the order of nature, Dr. Dyer said. "Stop persecuting people for things or activities that they have no control over in the privacy of their own homes.'' Mr. Ottiwell Simmons (PLP) congratulated the churches for exerting pressure on "what they consider to be a moral issue and not a right, but a wrong.'' He would like to see BHRA members join the Bermuda Industrial Union and work for workers' rights like they did for gay rights.

"I've got nothing against people doing whatever they want, but don't come and do it to me or get me to do it,'' Mr. Simmons said.

He found it hard to distinguish between human rights and a moral right.

Rights guaranteed in the Constitution were subject to the proviso that the exercising of those rights did not prejudice the rights or freedoms of others or the public interest.

After gay sex was decriminalised in the United Kingdom, campaigning began for same sex marriages, he said. "There is a genuine fear that this thing might get out of hand.'' Mr. Reginald Burrows (PLP) said he had "no qualms'' about homosexuals. "I think we all have them in our families,'' he said. "We all have them as our friends and colleagues.

"But the thing that I can't come to grips with is ... the sexual act that is committed by persons of like sex, either male or female. That's the problem that I have.'' He believed in prayer, Mr. Burrows said. "If one gives his life to Christ, he can be transformed.'' Bermuda had to make its decision thinking about the generations that would come later.

He cited the nuclear bomb and AIDS and said: "God finds a way, basically, Mr.

Deputy Speaker, of putting fear in man ... and telling him the things that he should not be doing.'' Mr. Stanley Morton (PLP) said sex could have effects on both the mind and the body.

People were concerned that if the bill was passed, there could be teachers in the schools condoning the homosexual lifestyle. "You must take into consideration the feelings of the society,'' he said.

Rather than debating the bill, it would have been better if the parties had come together and arrived at a solution, perhaps a sentence less severe than ten years, he said.

He had not heard of anyone getting arrested for homosexual acts in a long time. "What has precipitated this action?'' he asked.

Parliament could instead work with the churches so "people could be helped,'' he said.

Shadow Education Minister Ms Jennifer Smith said she was concerned society had responded so vehemently to the gay rights issue, but was relatively quiet when it came to other issues such as problems young people were facing, education reform and recession-brought on social issues.

"We don't see these issues as crisis and it bothers me,'' she said.

While those opposed to the bill took exception to being called "bigots'', she took exception to them calling her un-Christian for supporting it.

She believed church members having extra marital affairs and having children out of wedlock were more serious issues to confront.

Ms Smith added she would only vote for the bill if the age of consent was increased to 18.

Mr. Leon (Jimmy) Williams condemned the Christian Coalition for attacking the Allan Vincent Smith Foundation charity because of supposed links with a pro-homosexual group.

The charity helped many people sick with AIDS, he said, including a man who had been living in a horse's stable because he had nowhere else to go.

"I take exception to the Christian Coalition trying to denigrate an organisation that does so much good,'' he said. Before he could continue a church reverend in the public gallery shouted out, "That's not true! Lies! ...'' Acting speaker Mr. David Dyer reminded the public it was a "privilege' to be in the gallery and ordered the sergeant-at-arms to escort the man, Rev. Foster Fubler, out.

Mr. Williams continued: "If the truth hurts, that's their problem not mine.'' He noted that even anal intercourse between a man and woman was outlawed.

"It's not just the homosexuals we are talking about,'' he said.

Mrs. Lois Browne Evans who previously spoke on Mr. Bascome's defeated motion, rose one last time to "at least try and help bring a little democracy into this Country. We can't go on as a backward Country.'' Maybe now the issue was to be decided upon, `we'll stop getting that crazy lot of letters (to the Editor) on page four'', she said. "We've got some fanatics in this Country'' Mr. Walter Roberts (PLP) said the forming of the Christian Coalition of churches was "one good thing'' to come out of the Stubbs Bill.

Because of his strong Christian upbringing, he "unfortunately'' could not support the bill, he said.

Shadow Youth Minister the Hon. Pamela Gordon said while MPs were talking about increasing the age of consent for gay sex to 18, they should also consider increasing the age for girls to have sex legally.

Currently 16-year-old girls could legally have sexual relations without their partner fearing prosecution for unlawful carnal knowledge.

"Maybe we should consider upping the age to 16,'' she said.

It bothered Ms Gordon that some MPs had blamed homosexuals for AIDS.

The disease was growing most quickly among heterosexual women, she said.

What about the thousands of innocent people who contracted AIDS through transfusions of tainted blood? "To be so naive and vicious as to say the problem of AIDS is a result of the gay community and it is because of these vicious people that we have this problem, I think is most unfortunate,'' Ms Gordon said.

She would fight to make sure that nobody, whether homosexual or heterosexual, interfered with minors. If they did, they should be properly punished.

But when it came to consenting adults, "the Government, the state, has no place in the bedrooms,'' she said.

"As a black person ... I will not ever stand on the side of persecution.'' Dr. Stubbs wrapped up the debate at 12.18 a.m. "This has been one of the most interesting and exciting days in our recent Parliamentary history,'' he said.

Bermuda's main problems were bad parenting and children having children, he said. He had no personal attachment to the bill. "This relates to a personal commitment that I made over 23 years ago, and it's high time that somebody delivered on it.'' The House then moved into committee, and Mr. Trevor Moniz (UBP) proposed an amendment that would change the age of consent for homosexual sex to 18 from 16.

With Deputy Speaker Mr. Tim Smith in the chair, the amendment passed by a vote of 22-15.

The House then voted on the bill itself, and with Speaker the Hon. Ernest DeCouto in the chair, it passed 22-16 at 12.37 a.m. There was foot stamping and scattered applause from the public gallery.